[Adopted 5-20-1939 by Ord. No. 19; amended in its entirety 12-15-1967]
[Amended 2-16-1968; 6-17-1981 by L.L. No. 5-1981; 3-20-1987 by L.L. No. 1-1987; 11-16-1990 by L.L. No.
6-1990]
No person, firm, partnership, association or corporation, nor
any agent or employee thereof, shall at any time move or cause to
be moved from one location to another any sand or portion of the land
lying between Dune Road and the Atlantic Ocean on the south and between
Dune Road and Quogue Canal, Quantuck Bay and Shinnecock Bay on the
north or place any sand, dirt or other material commonly known as
"fill" thereon without first having secured a written permit to do
so from the Board of Trustees of the Village of Quogue, New York.
Each application for such permit shall be reviewed by a committee
of the Board, consisting of the Mayor and one Trustee. Such committee
may either grant such permit or refer such application to the full
Board for consideration; if granted by such committee, such permit
shall constitute a permit secured from the Board of Trustees.
[Amended 2-16-1968; 6-17-1981 by L.L. No. 5-1981]
A. Applications for permits shall be in such form as may be prescribed
by the Board of Trustees and shall be accompanied by a plot plan on
which is indicated the location of the plot, the exact location and
area from and to which it is proposed to move the sand or portion
of land or place fill and the amount to be moved. No fee shall be
required in connection with such application.
B. Such permit shall be granted by the Board of Trustees unless it is
found that the moving of said sand or portion of land or placing of
fill shall not be in accord with the public health, safety or interest.
[Amended 3-20-1987 by L.L. No. 1-1987]
C. Each application
for a permit to move sand or fill or other permit authorized under
this chapter must be accompanied by a fee or fees established by the
Board of Trustees under a separate resolution.
[Added 5-19-2023 by L.L. No. 3-2023]
The provisions of this article shall not apply to the excavation
of a foundation for the construction of a main residence dwelling
for which a valid permit has been issued by the Zoning Administrator.
[Amended 8-21-2020]
The design specifications for newly constructed or rebuilt residential
elevated walkways to a body of water are amended as follows:
A. Decking on walkways above wetland areas shall be designed to allow
passage of light and air to the wetlands below.
B. Walkways shall be a maximum of four feet in width.
C. Decking shall be not more than 2 1/2 feet above grade unless
a greater clearance is required by the DEC or another agency for environmental
reasons.
D. There shall be no handrails in areas of the walkway above land and
marsh areas that do not exceed 2 1/2 feet above grade. In other
areas of the walkway, handrails may be permitted if they will be consistent
with conditions in the surrounding area and will not materially impair
views from the surrounding area.
E. Any lighting shall be low voltage and downward facing and designed
to avoid light intrusion onto other properties.
F. Building materials shall comply with requirements of the DEC and
other regulatory agencies.
Each person, firm, partnership, association or corporation who
or which owns property improved by a structure on the south side of
Dune Road or owns property on the south side of Dune Road which is
burdened or encumbered with an easement or right-of-way over said
property from Dune Road to the southerly limits of the property shall
erect or construct and at all times maintain a stile, steps or walkway
or other device over the sand dune and the north and south slopes
thereof. In the case of property which is so burdened or encumbered
with an easement or right-of-way, the stile, steps or walkway shall
be erected and maintained over that portion of the sand dune and the
north and south slopes thereof which is subject to such easement or
right-of-way.
[Amended 3-20-1987 by L.L. No. 1-1987; 7-3-2003 by L.L. No. 2-2003]
A. Any person committing an offense against any provision of this article
shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $1,000 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. The continuation of an offense
against the provisions of this article shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.
B. For each and every violation of this article, the person or persons
responsible for, causing, permitting, assisting in or refusing to
abate or correct such violation shall be subject to a civil penalty
not exceeding $1,000 for each and every such violation. The continuation
of a violation of this article shall constitute, for each day the
violation is continued, a separate and distinct violation hereunder.
[Adopted 4-16-1999 by L.L. No. 1-1999]
[Amended 10-15-1999 by L.L. No. 7-1999]
A. Violations of the provisions of §
146-12 shall be punishable in accordance with the provisions of §
146-9.
B. Violations of the provisions of §
146-12 may also be enforced in accordance with the following provisions:
(1) The Board of Trustees may direct that written notice be served upon
the owner of the property involved to the following effect:
(a)
Requiring the owner to correct the violation on or before a
specified date.
(b)
Specifying the work necessary in order to correct the violation.
(c)
Advising the owner that, upon default in complying with such
requirement, the Village may perform the work necessary in order to
correct the violation, in which event the total cost thereof shall
be assessed against and shall constitute a lien and charge upon said
property until the same is paid.
(2) Said written notice may be served upon the owner of said property
as shown on the last tax assessment roll by regular mail addressed
to said owner at the address shown on the last tax assessment roll.
Said written notice may be served upon the last known owner of said
property by regular mail addressed to said owner at the last known
address. Said written notice may also be served by certified mail
or by personal service.
(3) If the owner defaults in complying with the requirement specified
in said written notice, the Board of Trustees may direct that the
work necessary in order to correct the violation be performed by the
Village. In such event, the total cost thereof shall be assessed against
and shall constitute a lien and charge upon said property until the
same is paid, and the total cost thereof shall be added to the Village
tax bill applicable to said property for the next taxable period unless
the same is paid prior thereto.